Shoalhaven City Council

Strategy and Assets Committee

Meeting Date: Tuesday, 21 April, 2020 Location: Council Chambers, City Administrative Centre, Bridge Road, Nowra Time: 5.00pm

Membership (Quorum - 5) Clr John Wells - Chairperson Clr Bob Proudfoot All Councillors Chief Executive Officer or nominee

Please note: The proceedings of this meeting (including presentations, deputations and debate) will be webcast and may be recorded and broadcast under the provisions of the Code of Meeting Practice. Your attendance at this meeting is taken as consent to the possibility that your image and/or voice may be recorded and broadcast to the public.

Agenda

1. Apologies / Leave of Absence 2. Confirmation of Minutes • Strategy and Assets Committee - 10 March 2020 ...... 1 3. Declarations of Interest 4. Call Over of the Business Paper 5. Mayoral Minute 6. Deputations and Presentations 7. Notices of Motion / Questions on Notice Notices of Motion / Questions on Notice SA20.48 Notice of Motion - Zero Tolerance for Unregistered Dogs and Dog Attack ...... 14 SA20.49 Notice of Motion - Footpath construction - Kangaroo Valley Road Berry ...... 15 SA20.50 Notice of Motion - Call in of DS20/1119 - Modification of Development Consent - Old Anglican Church - 17 Hawke Street Huskisson - Lot 7 DP758530 Sec 3 ...... 18

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8. Reports CEO Group SA20.51 Resilience and Economic Recovery Fund ...... 19 Finance Corporate & Community Services SA20.52 Postponement of 2020 Local Government Elections - Amendment to Meeting Schedule ...... 25 Assets & Works SA20.53 Policy Amendment - Creation of an Asset Protection Zone (APZ) over Council Owned or Managed Land ...... 27 SA20.54 Land Acquisition and Public Road Dedication for the Purpose of the Far North Collector Road ...... 41 Planning Environment & Development SA20.55 Bushwalks - Asset Management Plan ...... 46 Shoalhaven Water SA20.56 Connection of 1282 Bolong Rd Coolangatta to the St Andrews Way and Berrys Bay Sewer Scheme...... 50 SA20.57 Acquisition of Land and Easement - Captain Street Vincentia ...... 53 9. Confidential Reports Nil

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Strategy and Assets Committee Delegation: Pursuant to s377(1) of the Local Government Act 1993 (LG Act) the Committee is delegated the functions conferred on Council by the LG Act any other Act or delegated to Council, as are specified in the Schedule, subject to the following limitations: i. The Committee cannot exercise any function delegated to the Council which by the terms of that delegation cannot be sub-delegated; ii. The Committee cannot exercise any function which s377(1) of the LG Act provides cannot be delegated by Council; iii. The Committee cannot exercise a function which is expressly required by the LG Act or any other Act to be exercised by resolution of the Council; and iv. The Committee cannot exercise any function which is a function of the General Manager under s335 of the LG Act. SCHEDULE a. Make recommendations to Council and consider, formulate, review and adopt policies in relation to Council’s corporate & community planning under Part 2 of Chapter 13 of the LG Act, asset management and in connection with the other functions listed in this Schedule and in particular to make recommendations to Council in respect of the content of Council’s community strategic plan, delivery program, resourcing strategy and operational plan within the meaning of Part 2 of Chapter 13 of the LG Act; b. Make recommendations to Council and consider, formulate, review and adopt Council policies, plans and strategies other than those in respect of town planning and environmental matters, and any other matter referred to the Committee by the General Manager; c. Make recommendations in respect of the introduction of new fees or charges or the alteration of existing fees and charges for inclusion in the Council’s next operational plan within the meaning of s405 of the LG Act; d. Monitor, review and consider matters relating to the operations and strategic direction of Council’s Holiday Haven Tourist Parks Group; e. All functions in respect of the management of, and facilities provided on Crown Land in respect of which Council is the ‘Crown Land Manager’ under Division 3.4 of the Crown Lands Management Act 2016 and the making of recommendations to Council regarding such matters where the function is not dealt with under the delegations to the General Manager or cannot be delegated by Council; f. Provision of corporate direction to the Shoalhaven Water Group in respect of powers delegated to it by Council regarding the construction, alteration or maintenance of water and sewerage works, effluent works and pump out removal; g. Authorise the expenditure of funds raised under s64 of the LG Act within the limits outlined in, and in accordance with Council’s adopted Development Servicing Plan and other relevant adopted Council policies; h. Make recommendations to Council in respect of fees and charges for water and wastewater services provided by Council; i. Develop, implement, review and adopt strategic policies for water, sewerage and effluent operations of Council; j. Undertake preliminary investigations (feasibility, cost benefit, risk analysis, etc.) into development opportunities for Council’s strategic land holdings and make recommendations to Council;

Strategy and Assets Committee – Tuesday 21 April 2020 Page iv k. Review and make recommendations to Council in relation to: i. The sale prices of land in connection with residential and industrial Council subdivisions; ii. The sale of Council property or the purchase or resumption of land; iii. The compensation to be offered in respect of land resumed by Council; and iv. Properties leased/rented by Council, or properties leased/rented from Council other than those delegated to the Chief Executive Officer for approval and execution in accordance with MIN14.912 and MIN15.237 of the Council. Note: MIN14.912 delegates authority to the Chief Executive Officer to approve and execute leases and licences that are for a maximum term of 5 years; and are in accordance with current policies and relevant legislation; and have an annual rental of $5,000 or less; and have not been objected to as a result of the public exhibition process (Community Land). In addition, MIN14.912 delegates authority to the Chief Executive Officer to approve and execute telecommunications licences where the agreement relates to an existing telecommunication site. Note: MIN15.237 delegates authority to the Chief Executive Officer to approve and finalise all lease negotiations in relation to the properties now managed by Integrity Real Estate … and to sign any documents necessary to give effect to this resolution. l. To determine and accept all tenders with a value of $1 Million or more, except those tenders required by law to be determined by full Council (MIN17.334).

Shoalhaven City Council

MINUTES OF THE STRATEGY AND ASSETS COMMITTEE

Meeting Date: Tuesday, 10 March 2020 Location: Council Chambers, City Administrative Centre, Bridge Road, Nowra Time: 5.00pm

The following members were present:

Clr John Wells - Chairperson Clr Amanda Findley Clr Joanna Gash Clr Patricia White Clr Nina Digiglio Clr John Levett Clr Mitchell Pakes Clr Greg Watson Clr Bob Proudfoot Mr Stephen Dunshea - Chief Executive Officer

Apologies / Leave of Absence An apology was received from Clr Kitchener, Clr Alldrick, Clr Guile and Clr Gartner.

Confirmation of the Minutes RESOLVED (Clr Pakes / Clr White) MIN20.168 That the Minutes of the Strategy and Assets Committee held on Tuesday 11 February 2020 be confirmed. CARRIED

Declarations of Interest Nil

Call Over of the Business Paper The following Items were called up for debate: SA20.29, SA20.30, SA20.32, SA20.33, SA20.34, SA20.35, SA20.37, SA20.41, SA20.42, SA20.43, SA20.46, SA20.47 The remaining items were resolved en bloc (Clr White/Clr Digiglio) at this time. They are marked with an asterisk(*) in these Minutes.

Minutes Confirmed Tuesday 21 April 2020 – Chairperson ......

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MAYORAL MINUTES Nil

DEPUTATIONS AND PRESENTATIONS

SA20.36 – Hyams Beach - Long Term Traffic Management - Permanent Roundabout Options (page 49) Mr David Schlosser wishes to address the meeting to speak against the recommendation. Ms Kate Friis wishes to address the meeting to speak for the recommendation.

Procedural Motion - Bring Item Forward PROCEDURAL MOTION (RESOLVED) (Clr Pakes / Clr Digiglio) MIN20.169 That the matter of item SA20.36 - Hyams Beach - Long Term Traffic Management - Permanent Roundabout Options be brought forward for consideration. CARRIED

SA20.36 Hyams Beach - Long Term Traffic Management - HPERM Ref: Permanent Roundabout Options D19/232453 Recommendation (Item to be determined under delegated authority) That Council: 1. Adopts the Illowra Lane and Booderee Avenue intersection as its preferred roundabout option for managing congestion at Hyams Beach in combination with a Seagull Treatment at Naval College Road and Booderee Avenue to provide safer access to and from the Village as provided in Option 3 – D19/390874. 2. Allocates $140,000 in the 2020/21 draft budget for the design of the intersections of both Naval College Road and Illowra Lane with Booderee Avenue. 3. Undertakes minor grading and sealing works at the intersection of Booderee Avenue and Illowra Lane to allow for a temporary roundabout to be established at this location in the interim for the 2020/21 summer, instead of the Naval College Road intersection, until the permanent infrastructure can be established. 4. Notes that traffic management will still be necessary in peak periods even with roundabout/s in place.

RESOLVED (Clr Proudfoot / Clr Gash) MIN20.170 That Council: 1. Adopts the Illowra Lane and Booderee Avenue intersection as its preferred roundabout option for managing congestion at Hyams Beach in combination with a Seagull Treatment at Naval College Road and Booderee Avenue to provide safer access to and from the Village as provided in Option 3 – D19/390874. 2. Allocates $140,000 in the 2020/21 draft budget for the design of the intersections of both Naval College Road and Illowra Lane with Booderee Avenue.

Minutes Confirmed Tuesday 21 April 2020 – Chairperson ......

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3. Undertakes minor grading and sealing works at the intersection of Booderee Avenue and Illowra Lane to allow for a temporary roundabout to be established at this location in the interim for the 2020/21 summer, instead of the Naval College Road intersection, until the permanent infrastructure can be established. 4. Notes that traffic management will still be necessary in peak periods even with roundabout/s in place. CARRIED

REPORTS

SA20.29 EOI - Triple J 'One Night Stand' 2020 HPERM Ref: D20/45244 Recommendation (Item to be determined under delegated authority) That Council support the community Expression of Interest to host the ABC Triple J ‘One Night Stand’ concert in the Shoalhaven for 2020.

RESOLVED (Clr Proudfoot / Clr Findley) MIN20.171 That Council support the community Expression of Interest to host the ABC Triple J ‘One Night Stand’ concert in the Shoalhaven for 2020. CARRIED

SA20.30 Quarterly Progress Report - Councillors' Notices of HPERM Ref: Motion D20/69643 Note: This Item was withdrawn for presentation to the Ordinary Council Meeting Tuesday 24 March 2020.

Items marked with an * were resolved ‘en block’.

SA20.31 Revised Donations Policy - Adoption HPERM Ref: D19/412830 RESOLVED* (Clr White / Clr Digiglio) MIN20.172 That 1. The Revised Donations Policy and Procedures (Attachments 1, 2 and 3 to the report) be adopted 2. All current recipients of donations be advised in writing of the administrative amendments to the policy. CARRIED

Minutes Confirmed Tuesday 21 April 2020 – Chairperson ......

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SA20.32 Update Bay & Basin Community Hub HPERM Ref: D20/153 Recommendation That Council: 1. Implement the existing Asset Management Plan - Aquatic Facilities (POL18/53) by reprioritising the required works to the Forward Capital Works Listing: a. $100,000 - 2021/22 Financial Year - Electrical Board and Building Management Systems b. $250,000 – 2022/23 Financial Year – Heating Ventilation Air Conditioning (HVAC) c. $1,000,000 – 2023/24 Financial Year – Filtration and associated plant 2. Acknowledge that Council is unable to go to tender for the detailed design of Bay & Basin Community Hub, as per previous resolution MIN18.710 – 18 September 2018, without additional budget allocation. 3. Consider the Bay & Basin Community Hub as high priority to proceed, after delivery of the Sanctuary Point Library. 4. Reallocate the balance of $102,000 - Job No 82508 - to expedite the items identified in the Asset Management Plan - Aquatic Facilities adopted by Council - MIN18.442 – 12 June 2018 being Huskisson Sea Pool Fencing.

RECOMMENDATION (Clr Watson / Clr Proudfoot) That Council: 1. Implement the existing Asset Management Plan - Aquatic Facilities (POL18/53) by reprioritising the required works to the Forward Capital Works Listing: a. $100,000 - 2021/22 Financial Year - Electrical Board and Building Management Systems b. $250,000 – 2022/23 Financial Year – Heating Ventilation Air Conditioning (HVAC) c. $1,000,000 – 2023/24 Financial Year – Filtration and associated plant 2. The detailed design be funded from the Economic Development Budget for the Community Hub, as per previous resolution MIN18.710 – 18 September 2018 and the CEO provide a report to the next Council meeting in relation to the Budget. 3. Consider the Bay & Basin Community Hub as high priority to proceed, after delivery of the Sanctuary Point Library. 4. Reallocate the balance of $102,000 - Job No 82508 - to expedite the items identified in the Asset Management Plan - Aquatic Facilities adopted by Council - MIN18.442 – 12 June 2018 being Huskisson Sea Pool Fencing. CARRIED

Clr Watson raised a Point of Order against Clr Digiglio regarding her comments about things that Clr Watson has put forward that don’t work in the community. The Chair ruled in favour of the Point of Order and asked Clr Digiglio to withdraw the comment and apologise. Clr Digiglio withdrew comments and apologised.

Clr Findley raised a Point of Order under section 15.3 of the Code of Meeting Practice against Clr Watson regarding his comments regarding the Mayor’s deficit. The Chair ruled in favour of the Point of Order and asked Clr Watson to withdraw comments and apologise.

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Clr Watson withdrew comments and apologised.

MOTION WAS PUT AND CARRIED FOR: Clr Wells, Clr Gash, Clr White, Clr Pakes, Clr Watson, Clr Proudfoot and Stephen Dunshea AGAINST: Clr Findley, Clr Digiglio and Clr Levett

SA20.33 Outcome of Trial Winter Operations - Huskisson & HPERM Ref: Ulladulla Sea Pools D20/36821 Recommendation That: 1. The summer swimming season for Huskisson and Ulladulla Sea Pools be modified to commence in October (first Saturday – Long Weekend) and conclude in May (last Sunday). 2. Council allocate additional funding of $12,000 per annum annually ($6,000 per Sea Pool, per annum) to cover additional costs associated with opening hours. 3. Funding be allocated with effect from the commencement of financial year 2020/21 as part of the budget process.

RECOMMENDATION (Clr Watson / Clr Pakes) That Council continue to operate both Huskisson and Ulladulla Sea Pools on a year-round basis. FOR: Clr Wells, Clr Gash, Clr Findley, Clr White, Clr Levett, Clr Pakes, Clr Watson, Clr Proudfoot and Stephen Dunshea AGAINST: Clr Digiglio CARRIED

SA20.34 Annual Professional Beach Lifeguarding Services - HPERM Ref: Shoalhaven Beaches - 2020/21 to 2024/25 D20/38645 Recommendation (Item to be determined under delegated authority) That: 1. The Chief Executive Officer (Finance Corporate & Community Services) proceed to public open Tender with regard to Annual Professional Beach Patrol/Lifeguarding Services for the period 2020/21 to 2024/25 for maintaining the existing service locations, being: a. Shoalhaven Heads Beach - six days per week excluding Sundays & Public Holidays - Monday to Saturday - commencement of NSW Summer School Holidays in December to conclusion of School Holidays at end January. b. Crookhaven Heads Beach - seven days per week including Public Holidays - commencement of NSW Summer School Holidays in December to conclusion of School Holidays at end January. c. Ocean Street/Tilbury Cove - seven days per week including Public Holidays - commencement of NSW Summer School Holidays in December to conclusion of School Holidays at end January. d. Warrain Beach - five days per week excluding Public Holidays - commencement of NSW Summer School Holidays in December to conclusion of School Holidays at end January.

Minutes Confirmed Tuesday 21 April 2020 – Chairperson ......

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e. Sussex Inlet/North Cudmirrah - seven days per week including Public Holidays - commencement of NSW Summer School Holidays in December to conclusion of School Holidays at end January. f. Narrawallee Beach - five days per week excluding Public Holidays - commencement of NSW Summer School Holidays in December to conclusion of School Holidays at end January. g. North Mollymook Beach - five days per week excluding Public Holidays - commencement of NSW Summer School Holidays in December to conclusion of School Holidays at end January. h. South Mollymook Beach - five days per week excluding Public Holidays - Monday to Friday commencing first Monday in December to last Friday in February. 2. As part of the Request for Tender process, Council include options and locations based on recent community feedback, along with consultation with leading industry bodies such as Australian Lifeguard Service and Surf Life Saving NSW.

RESOLVED (Clr Proudfoot / Clr Pakes) MIN20.173 That: 1. The Chief Executive Officer (Finance Corporate & Community Services) proceed to public open Tender with regard to Annual Professional Beach Patrol/Lifeguarding Services for the period 2020/21 to 2024/25 for maintaining the existing service locations, being: a. Shoalhaven Heads Beach - six days per week excluding Sundays & Public Holidays - Monday to Saturday - commencement of NSW Summer School Holidays in December to conclusion of School Holidays at end January. b. Crookhaven Heads Beach - seven days per week including Public Holidays - commencement of NSW Summer School Holidays in December to conclusion of School Holidays at end January. c. Ocean Street/Tilbury Cove - seven days per week including Public Holidays - commencement of NSW Summer School Holidays in December to conclusion of School Holidays at end January. d. Warrain Beach - five days per week excluding Public Holidays - commencement of NSW Summer School Holidays in December to conclusion of School Holidays at end January. e. Sussex Inlet/North Cudmirrah - seven days per week including Public Holidays - commencement of NSW Summer School Holidays in December to conclusion of School Holidays at end January. f. Narrawallee Beach - five days per week excluding Public Holidays - commencement of NSW Summer School Holidays in December to conclusion of School Holidays at end January. g. North Mollymook Beach - five days per week excluding Public Holidays - commencement of NSW Summer School Holidays in December to conclusion of School Holidays at end January. h. South Mollymook Beach - five days per week excluding Public Holidays - Monday to Friday commencing first Monday in December to last Friday in February. 2. As part of the Request for Tender process, Council include options and locations based on recent community feedback, along with consultation with leading industry bodies such as Australian Lifeguard Service and Surf Life Saving NSW. 3. An evaluation of the appropriateness of the signage regarding safety at the non-patrolled beaches be conduct by staff on an annual basis.

Minutes Confirmed Tuesday 21 April 2020 – Chairperson ......

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CARRIED

SA20.35 General Revaluation of Land as at Base Date 1 July 2019 HPERM Ref: D20/74518 Recommendation (Item to be determined under delegated authority) That Council: 1. Receive and note the report on the General Revaluation of Land across the Shoalhaven Local Government Area as at 1 July 2019 (base date) that will be used to set Council’s rating structure for 2020/21. 2. Note that the revaluations will not impact on Council’s total rate income for 2020/21 but will result in changes in the rates levied on individual assessments depending on their respective increase or decrease in land value.

RESOLVED (Clr Proudfoot / Clr Wells) MIN20.174 That Council: 1. Receive and note the report on the General Revaluation of Land across the Shoalhaven Local Government Area as at 1 July 2019 (base date) that will be used to set Council’s rating structure for 2020/21. 2. Note that the revaluations will not impact on Council’s total rate income for 2020/21 but will result in changes in the rates levied on individual assessments depending on their respective increase or decrease in land value. CARRIED

SA20.36 Hyams Beach - Long Term Traffic Management - HPERM REF: Permanent Roundabout Options D19/232453 Item dealt with earlier in the meeting see MIN20.170

SA20.37 Hyams Beach - Paid Parking Investigations HPERM Ref: D19/405028 Recommendation (Item to be determined under delegated authority) That Council note that; 1. With respect to Paid Parking in Hyams Beach, staff have reviewed the technologies from the 2019 Smart Solution EOI process and have determined that time-restricted metered parking (meter stations and “Park’nPay application”) is the preferred option relative to the option of boom gates or parking sensors for each parking space. 2. The estimated cost to complete a traffic and parking study at Hyams Beach (and thus make a Paid Parking submission to TfNSW) is $80,000. This item will be added to the Draft 2020/2021 budget for Council’s deliberations during the budget adoption process. 3. Any submission prepared for TfNSW will be prepared in consultation with the Hyams Beach Villagers Association and presented for Council’s consideration prior to being submitted.

Minutes Confirmed Tuesday 21 April 2020 – Chairperson ......

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RESOLVED (Clr Levett / Clr Proudfoot) MIN20.175 That Council: 1. Note that with respect to Paid Parking in Hyams Beach, staff have reviewed the technologies from the 2019 Smart Solution EOI process and have determined that time-restricted metered parking (meter stations and “Park’nPay application”) is the preferred option relative to the option of boom gates or parking sensors for each parking space. 2. Note that the estimated cost to complete a traffic and parking study at Hyams Beach (and thus make a Paid Parking submission to TfNSW) is $80,000. This item will be added to the Draft 2020/2021 budget for Council’s deliberations during the budget adoption process. 3. Note that any submission prepared for TfNSW will be prepared in consultation with the Hyams Beach Villagers Association and presented for Council’s consideration prior to being submitted. 4. Staff prepare a Draft Policy around Paid Parking for adoption by Council. FOR: Clr Wells, Clr Findley, Clr Digiglio, Clr Levett, Clr Proudfoot and Stephen Dunshea AGAINST: Clr Gash, Clr White, Clr Pakes and Clr Watson CARRIED Note: A rescission motion was received on this item after the meeting closed.

SA20.38 Proposed Purchase of Land - Worrigee HPERM Ref: D19/429211 RESOLVED* (Clr White / Clr Digiglio) MIN20.176 That Council, in accordance with Section 10A(2)(c) of the LGA 1993 consider a separate confidential report in relation to property acquisition matters in the locality of Worrigee. CARRIED

SA20.39 Land Acquisition Matters - Bangalee & Cambewarra HPERM Ref: Localities D19/445057 RESOLVED* (Clr White / Clr Digiglio) MIN20.177 That Council, in accordance with Section 10A(2)(c) of the Local Government Act 1993, consider a separate confidential report in relation to property acquisition matters associated with Bangalee and Cambewarra localities. CARRIED

SA20.40 Variation of Easement - 23 Cater Crescent Sussex Inlet HPERM Ref: D20/27627 RECOMMENDATION*(Clr White / Clr Digiglio) That Council: 1. Resolve to approve the variation of easement from 17m wide to 8m wide over Lot 2 DP 858686, known as 23 Cater Cres Sussex Inlet, at nil compensation providing all costs associated with the variation including Council’s legal fees are paid by the applicant/property owner; and

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2. Authorise the Common Seal of the Council of the City of Shoalhaven to be affixed to any documents required to be sealed otherwise the Chief Executive Officer be authorised to sign any documentation necessary to give effect to this resolution. CARRIED

SA20.41 Creation of an Asset Protection Zone over Council land - HPERM Ref: Lot 46 DP 11629 Bowen St, Tomerong D20/47969 Recommendation That Council: 1. Resolve to approve the creation of an Asset Protection Zone over part Lot 46 DP 11629 as shown in Attachment 1 (D20/53192). By way of the positive covenant in accordance with the provisions of Section 88D of the Conveyancing Act 1919; 2. Require that the landowners of Lot 47 DP 11629 indemnify Council against any loss, injury or damages incurred whilst on Council owned land and undertaking the activities defined in the APZ Management Plan and pay all costs associated with the creation of the positive covenant; and 3. Authorise the Chief Executive Officer to sign any documentation required to give effect to this resolution and to affix the Common Seal of the Council of the City of Shoalhaven to all documentation required to be sealed.

RECOMMENDATION (Clr Proudfoot / Clr White) That Council: 1. Resolve to approve the creation of an Asset Protection Zone over part Lot 46 DP 11629 as shown in Attachment 1 (D20/53192). By way of the positive covenant in accordance with the provisions of Section 88D of the Conveyancing Act 1919; 2. Require that the landowners of Lot 47 DP 11629 indemnify Council against any loss, injury or damages incurred whilst on Council owned land and undertaking the activities defined in the APZ Management Plan and pay all costs associated with the creation of the positive covenant; and 3. Authorise the Chief Executive Officer to sign any documentation required to give effect to this resolution and to affix the Common Seal of the Council of the City of Shoalhaven to all documentation required to be sealed. CARRIED

SA20.42 Wondalga Farm - Disaster Assistance for Local Farmers HPERM Ref: - Immediate & Future Use. D20/56195 Recommendation That Council resolve to: 1. Utilise Wondalga Farm to produce fodder for provision to disaster (drought and fire) affected farmers in the Shoalhaven Local Government area; 2. Fund all costs associated with the production and sale of fodder from Job number 28490 (Economic Development Strategy Fund); 3. Reimburse Job Number 28490 once positive cash flow is achieved from the sale of fodder; 4. Sell fodder initially at $80 (GST exc) per bale;

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5. Review the bale price in six months and report back to Council on any change to bale yield and price adjustment needed; and 6. Implement this short-term disaster relief strategy for a period expiring December 2021 and report back to Council at this time on the long-term commercial management of Wondalga Farm.

MOTION (Clr Watson) That Council advertise to license Wondalga Farm. The MOTION lapsed due to lack of seconder.

RECOMMENDATION (Clr Findley / Clr Digiglio) That Council resolve to: 1. Utilise Wondalga Farm to produce fodder for provision to disaster (drought and fire) affected farmers in the Shoalhaven Local Government area; 2. Fund all costs associated with the production and sale of fodder from Job number 28490 (Economic Development Strategy Fund); 3. Reimburse Job Number 28490 once positive cash flow is achieved from the sale of fodder; 4. Sell fodder initially at $80 (GST exc) per bale; 5. Review the bale price in six months and report back to Council on any change to bale yield and price adjustment needed; and 6. Implement this short-term disaster relief strategy for a period expiring December 2021 and report back to Council at this time on the long-term commercial management of Wondalga Farm. FOR: Clr Wells, Clr Gash, Clr Findley, Clr White, Clr Digiglio, Clr Levett, Clr Pakes, Clr Proudfoot and Stephen Dunshea AGAINST: Clr Watson CARRIED

SA20.43 Future of Green Waste Management HPERM Ref: D20/42304 Recommendation (Item to be determined under delegated authority) That from the start of the 2020/2021 financial year Council implement: 1. Free drop-off of domestic quantities (less than 600kg or 2m3) of green waste from residents of the Shoalhaven only, at any of Council Recycling and Waste depots. 2. Funding for covering the cost of managing domestic green waste be covered by an increase in the annual domestic waste management charge by 5% increase, to be determined in the 2020/2021 budget process. 3. Non-resident green waste, green waste (>600kg load) and tree waste greater than 150mm in diameter continue to be charged at the standard rate for accepting and managing green waste. 4. The petition for free green waste disposal all year round be received for information and the proponent be advised of the resolution.

Minutes Confirmed Tuesday 21 April 2020 – Chairperson ......

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MOTION (Clr Findley / Clr Digiglio) That from the start of the 2020/2021 financial year Council implement: 1. Free drop-off of domestic quantities (less than 600kg or 2m3) of green waste from residents of the Shoalhaven only, at any of Council Recycling and Waste depots. 2. Funding for covering the cost of managing domestic green waste be covered by an increase in the annual domestic waste management charge by 5% increase, to be determined in the 2020/2021 budget process. 3. Non-resident green waste, green waste (>600kg load) and tree waste greater than 150mm in diameter continue to be charged at the standard rate for accepting and managing green waste. 4. The petition for free green waste disposal all year round be received for information and the proponent be advised of the resolution. 5. Council consult with the community during the 2020/2021 budget period with the 5% increase and a way to manage the green waste. 6. Council continue to provide free green waste tipping for a further month 7. Council make representations to the State Government in respect to continued financial support of green waste tipping from the bushfire crisis FOR: Clr Findley, Clr Digiglio, Clr Levett and Stephen Dunshea AGAINST: Clr Wells, Clr Gash, Clr White, Clr Pakes, Clr Watson and Clr Proudfoot LOST

FORESHADOWED MOTION (RESOLVED) (Clr Pakes / Clr Wells) MIN20.178 That Council: 1. Continue with the current user pays system. 2. Staff present this proposal to a further Clr Briefing for discussion. 3. Continue to provide free green waste tipping for a further month. CARRIED

SA20.44 Fee Waiver - Interment Fees HPERM Ref: D20/72043 RESOLVED* (Clr White / Clr Digiglio) MIN20.179 That Council, in accordance with Section 10A(2)(c) of the LGA 1993, consider a separate confidential report in relation to the waiver of internment fees at the Worrigee Cemetery. CARRIED

Minutes Confirmed Tuesday 21 April 2020 – Chairperson ......

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SA20.45 Extinguishment of Water Supply Easement - Lot 104 HPERM Ref: Moona Street Huskisson D20/29194 RECOMMENDATION* (Clr White / Clr Digiglio) That: 1. Council resolve to extinguish the Easement for Water Supply over Existing Line of Pipes on Lot 104 DP755928 at Moona Street Huskisson, shown highlighted on attached copy of DP649694. 2. The owner Company to meet its own costs to extinguish the easement. Council costs are to be met from Shoalhaven Water’s Water Fund. 3. The Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed. CARRIED

SA20.46 Payment of Dividend from Shoalhaven Water 2018-19 HPERM Ref: D20/39747 Recommendation That Council determines substantial compliance with the Best Practice Management of Water Supply and Sewerage Guidelines has been achieved and the dividend will be paid from the Water Fund as declared in 2018-19.

RECOMMENDATION (Clr Proudfoot / Clr Pakes) MIN20.180 That Council determines substantial compliance with the Best Practice Management of Water Supply and Sewerage Guidelines has been achieved and the dividend will be paid from the Water Fund as declared in 2018-19. CARRIED

SA20.47 Energy Efficiency in Sewerage Schemes - Research HPERM Ref: Grant Proposal - University of Wollongong D20/64291 Recommendation (Item to be determined under delegated authority) That Council endorse to partner (through Shoalhaven Water) with the University of Wollongong for the ARC Linkage Grant proposal for the development of energy efficiency and system performance programs within sewerage networks, subject to acceptance of the submitted projects by the ARC Industrial Transformation Research Program.

RESOLVED (Clr Proudfoot / Clr White) MIN20.181 That Council endorse to partner (through Shoalhaven Water) with the University of Wollongong for the ARC Linkage Grant proposal for the development of energy efficiency and system performance programs within sewerage networks, subject to acceptance of the submitted projects by the ARC Industrial Transformation Research Program. CARRIED

Minutes Confirmed Tuesday 21 April 2020 – Chairperson ......

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CONFIDENTIAL REPORTS Pursuant to Section 10A(4) the public were invited to make representation to the meeting before any part of the meeting is closed, as to whether that part of the meeting should be closed. No members of the public made representations.

RESOLVED (Clr Pakes / Clr White) MIN20.182

That the press and public be excluded from the Meeting, pursuant to section 10A(1)(a) of the Local Government Act, 1993, to consider the following items of a confidential nature.

CSA20.4 Proposed Purchase of Land - Worrigee Information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.10(A)(2)(c) There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to reveal commercial-in- confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests. CSA20.5 Land Acquisition Matters - Bangalee & Cambewarra Localities Information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.10(A)(2)(c) There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to reveal commercial-in- confidence provisions of a contract, diminish the competitive commercial value of any information to any person and/or prejudice any person’s legitimate business, commercial, professional or financial interests. CSA20.6 Fee Waiver - Interment fees Discussion in relation to the personal hardship of a resident or ratepayer.10(A)(2)(b) There is a public interest consideration against disclosure of information as disclosure of the information could reasonably be expected to reveal an individual’s personal information or contravene an information protection principle under the Privacy and Personal Information Protection Act 1998 or a Health Privacy Principle under the Health Records and Information Privacy Act 2002. CARRIED

Note: Clr Findley left the meeting at 7.24pm.

The meeting moved into confidential the time being 7.25pm.

The meeting moved into open session, the time being 7.25pm.

Note: Clr Findley returned to the meeting, during Confidential session.

There being no further business, the meeting concluded, the time being 7.27pm.

Clr Wells CHAIRPERSON

Minutes Confirmed Tuesday 21 April 2020 – Chairperson ......

Strategy and Assets Committee – Tuesday 21 April 2020 Page 14

SA20.48 Notice of Motion - Zero Tolerance for Unregistered Dogs and Dog Attack

HPERM Ref: D20/115118

Submitted by: Clr Greg Watson

Purpose / Summary The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.

Recommendation (Item to be determined under delegated authority)

That

1. Council adopt a zero tolerance for any detected unregistered dogs and impose fines for any breaches. 2. In the case of dog attack outside of the owner’s property, no matter how minor, penalties be imposed.

Note by the CEO SA20.48 1. Dog Registrations: Council has several strategies in identifying and dealing with unregistered dogs. The first is to deal with dogs that have been permanently microchipped and recorded on the Companion Animals register, but they are yet to be lifetime registered. In these cases, Council undertakes a registration drive by sending a mail out to all identified dog owners on the register providing 21 days to complete the lifetime registration process. If the dog remains unregistered after the 21 days has expired, then penalty notices are issued. The Rangers Unit undertake this process once a month. When a dog comes to the attention of the Ranger during their duties and it is found not to have been microchipped or lifetime registered, then the Ranger issues a notice on the dog owner requiring registration within 14 days. If this is not complied with a penalty notice is issued. 2. Dog Attacks: All reported dog attacks are given high importance by Ranger Services. A Rangers responsibility is to investigate the offence and assess the control requirements to ensure the dog is appropriately housed so it poses no risk to the community. All proven dog attacks are assessed in accordance with Council’s Compliance & Enforcement Policy and penalty notices are issued. When a penalty notice is issued for a dog attack, a declaration is also issued to the owner to ensure the correct control requirements are put in place to keep the dog.

Strategy and Assets Committee – Tuesday 21 April 2020 Page 15

SA20.49 Notice of Motion - Footpath construction - Kangaroo Valley Road Berry

HPERM Ref: D20/128743

Submitted by: Clr John Wells

Attachments: 1. Berry community commentary ⇩

Purpose / Summary The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.

Recommendation (Item to be determined under delegated authority)

That Council give consideration to bringing forward the commencement of footpath construction along Kangaroo Valley Road in its Pedestrian Access Management Plan (PAMP) to enable commencement of works in financial year 2020/2021.

Background SA20.49 The community of Berry has been calling for the progressive development of a footpath along Kangaroo Valley Road for a considerable period of time. Until recently, these requests have been met with advice from Council that uncertainty about the location of the Berry bypass and the point at which it would sever Kangaroo Valley road could make investment in footpath works problematic. Indeed, it would be wasteful of community resources to invest in such infrastructure only to see it taken up by road, drainage and earthworks associated with the Berry Bypass. For this reason, this PAMP project was timed to commence in 2023/24 and beyond. The bypass is now completed and representations from the Community Consultative Body and other community groups have been received asking Council to review this projects priority. The representations have some merit as, beginning in the mid 1980’s through to today considerable residential subdivision has taken place along Kangaroo Valley Road, commencing with the Berry Gardens estate, followed by the Thomas Close estate, the Gables estate, the Lord Street estate and Huntingdale Park, whose development required construction of a footpath to connect with the path built by the RMS as part of the Kangaroo Valley Rd overpass. As a consequence of these developments, Kangaroo Valley Road has become one of Berry’s most heavily used roads, by both vehicles and pedestrians. It is the most significant feeder road into Berry’s main street, Queen Street. As traffic loadings increase, so does risk, especially to the many pedestrians who use the road to exercise, access school, town, the cemetery and so forth. The community is not asking for Council to build a footpath from Huntingdale Park Road to Bundewallah Road in one hit. Conveniently, the project can progress in stages, perhaps as follows; 1. Huntingdale Park Road to Ford Street 2. Ford Street to the Cemetery or the Gables estate 3. Cemetery/Gables to Thomas Close 4. Thomas Close to Kentia Cres (Berry Gardens) 5. Kentia Cres to Bundewallah Road

Strategy and Assets Committee – Tuesday 21 April 2020 Page 16

The Berry Community has furnished me with a commentary justifying why this project should be elevated in the PAMP – refer the Attachment. I commend the motion to my colleagues.

SA20.49

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Attachment 1

- SA20.49

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SA20.50 Notice of Motion - Call in of DS20/1119 - Modification of Development Consent - Old Anglican Church - 17 Hawke Street Huskisson - Lot 7 DP758530 Sec 3

HPERM Ref: D20/130818

Submitted by: Clr John Levett Clr Amanda Findley

Purpose / Summary The following Notice of Motion, of which due notice has been given, is submitted for Council’s consideration.

Recommendation (Item to be determined under delegated authority) That Council call in DS20/1119 (Modification of Development Consent – Old Anglican Church – 17 Hawke Street Huskisson – Lot 7 DP758530 Sec 3) due to community concerns.

SA20.50 Background The amendment is to change the approved new location of the Anglican Church to one further west and closer to Currambene St (refer DA Tracking D20/105348). The request to call in DS20/1119 is based on serious concerns among the Huskisson community about the motive behind such a change to the original DA18/2102 which was determined on 4 June 2019.

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SA20.51 Resilience and Economic Recovery Fund

HPERM Ref: D20/121201

Section: Tourism Approver: Stephen Dunshea, Chief Executive Officer

Attachments: 1. Bushfire Community Resilience and Economic Recovery Fund (councillors information folder) ⇨

Reason for Report To provide an update and recommendation on the remaining allocation of the Bushfire Community Resilience and Economic Recovery Fund.

Recommendation (Item to be determined under delegated authority)

That Council 1. Receive this report for information, and 2. Support the funds of $50,000 from the Bushfire Community Resilience and Economic Recovery Fund, $50,000 from the Disaster Recovery Funding (MIN20.191) and the

outstanding $2,200 from the Tourism Support Program to be allocated to: SA20.51 a. Farm Fencing Field Day (South Coast Beef) - $9,200 b. Coming out of Adversity (Milton Ulladulla Business Chamber) - $12,500 c. Watch and Act Show (Fortwelve) - $9,600 d. Shoalhaven Home, Petal and Paws (The Flagstaff Group) - $5,800 e. Shoalhaven Readers and Writers Festival (Festival Committee) - $2,800 f. Vincentia Winter Festival (Vincentia Chamber of Commerce) - $8,900 g. The Happiness Symposium (Noah’s Inclusion Services) - $5,000 h. Berry Small Farm Field Days (Rotary Club of Berry) - $1,300 i. Changemakers Film and Showcase Event (Headspace Nowra and Sonder Youth) - $12,500 j. Apex Community Camps (Apex Club of Milton Ulladulla) - $11,700 k. Ngulla NAIDOC Festival (Ulladulla Local Aboriginal Land Council) - $3,500 l. Salon of Local Artists (Kangaroo Valley Arts Festival Inc) - $1,400 m. Nowra Water Dragons Fire Recovery Regatta (Nowra Water Dragons Club and Outrigger Canoe Club) - $4,200 n. Berry Celtic Festival (Rotary Club of Berry) - $1,300 o. Sing Express Hope Festival (Our Town Inc) - $12,500 3. Delay distribution of allocated funds until final confirmation is received that the events will proceed. 4. Continue to support previously funded events in 2020, for their future dates in 2021. a. Ulladulla Blessing of the Fleet 2020 – postponed until 2021 - $50,000 b. StoryFest 2020 – postponed until 2021 - $25,000

Strategy and Assets Committee – Tuesday 21 April 2020 Page 20

Options 1. As written above Implications: • This option allows the most events possible to receive, or be eligible to receive, event funding. • There is a risk that the funding body will not allow a variation for events after February 2021. 2. Council does not support the recommended allocation of funds. Implications: Recommended events will not be allocated funding. Funding will need to be returned to the Bushfire Community Resilience and Economic Recovery Fund if left unallocated.

3. Council determines a different allocation of funds. Implications: Recommended events may not be allocated funds. A new methodology for determining funding will require development.

4. Council determines to re-allocate funding for proposed events that occur after February

2021. SA20.51 Implications: Funding for events that occur after February 2021 will be re-distributed to events that occur before February 2021.

Background Shoalhaven City Council has received funding from the Bushfire Community Resilience and Economic Recovery Fund (BCRERF) which is jointly funded by the Commonwealth and NSW State Governments. Total funding allocated to Council is $250,000 with confirmation received on Wednesday 26 February. The following sequence of events has occurred: Media release announcing funding On Tuesday 4 February 2020 a media release was received by Council announcing the Bushfire Community Resilience and Economic Recovery Fund (BCRERF). It was announced that funding would be available to affected Local Government Areas across NSW following the bushfires and would be administered by the NSW Department of Planning, Industry and Environment Regional NSW Group. Council was eligible for up to $250,000 and undertook an online application process to secure the funds. Activities to be undertaken with the funds are to provide economic recovery and community resilience. This includes events or initiatives to support local business and industry recover, and events or initiatives to support community recovery and wellbeing. Notice of Motion At the Strategy & Assets Meeting held on Tuesday 11 February 2020, a Notice of Motion was passed to allocate the $250,000 funding as follows: • $50,000 to the Nowra Show Society for the staging of the 2020 Nowra Show (February 2020) • $25,000 to the Kangaroo Valley Show Society for the staging of the 2020 Kangaroo Valley Show (February 2020)

Strategy and Assets Committee – Tuesday 21 April 2020 Page 21

• $25,000 to the Milton Show Society for the staging of the 2020 Milton Show (March 2020) • $50,000 to the Rotary Club of Milton-Ulladulla for the staging of the 2020 Ulladulla Blessing of the Fleet (April 2020) • $25,000 to the Friends of Milton Library for the staging of the 2020 StoryFest (June 2020) • $75,000 ‘Shoalhaven Resilience and Economic Recovery Fund’ for events It was further passed that Council: • Establish a $75,000 ‘Shoalhaven Resilience and Economic Recovery Fund’. • Seeks submissions for funds of up to $25,000 from Shoalhaven community organisations to stage events in 2020; and • Council staff to submit a report recommending the allocation of the ‘Shoalhaven Resilience and Economic Recovery Fund’ to the March Ordinary Council Meeting following submissions from local community organisations (this report).

SCC Application submitted On Tuesday 18 February 2020, Council submitted its application through the online portal requesting funding in accordance with the Notice of Motion passed on 11 February. At the completion of the funding period, Council is required to undertake an acquittal process to report on the outcome of the activities completed and/or supported.

Subsequent Notice of Motion SA20.51 At the Ordinary Council Meeting held on Tuesday 25 February, a subsequent Notice of Motion was passed with an addition made to the above Motion, that the following also be allocated from the $250,000 fund: • $25,000 to the Jervis Bay and Basin Arts for staging of 10-day SeeChange Festival (30 May-June 8) 2020

Confirmation of funding received On Wednesday 26 February 2020, Council received advice from the Grants Management Office at the Department of Premier and Cabinet that Council’s application had been successful. The Executed Funding Deed was also received at this time.

Shoalhaven Resilience and Economic Recovery Fund • Applications Open - event organisers notified, and applications sought. o Event organisers and community groups were notified of the ‘Shoalhaven Resilience and Economic Recovery Fund’ (the remaining $50,000) on Thursday 27 February 2020 by email calling for applications. o Included in the notification email was funding guidelines and application form. o The email was sent to: ▪ Organisations who have already requested financial support from Council for events, ▪ Council’s database of community and tourism event organisers, and ▪ Councillors directly for distribution through their networks.

• Applications Close o Applications for the ‘Shoalhaven Resilience and Economic Recovery Fund’ closed on Wednesday 4 March. There was strong interest for the remaining allocation of $50,000.

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o Total applications received included: ▪ 59 applications, ▪ seeking $771,564 worth of financial support. See Attachment 1 for full list of applications.

Councillors Consultative Committee meetings This listing (Attachment 1 – Councillors Information Folder) was presented to Council at the Councillors Consultative Committee meeting on Thursday 5 March for information and discussed again at the Councillors Consultative Committee meeting on 19 March.

Confirmation of additional $50,000 from the Disaster Recovery Funding At the Ordinary Meeting on the 25 March an additional $50,000 from the Disaster Recovery Funding allocation of $1.4 million received from the NSW Government for bushfire recovery was allocated to Event Support (MIN20.191). This has assisted in supporting as many events as possible due to their importance in economic and social recovery. This additional $50,000 has been allocated as part of the Shoalhaven Resilience and Economic Recovery Fund.

Advice received regarding re-allocation of funds On Wednesday 1 April Council received the below advice from Regional NSW regarding Phase 1 of the Bushfire Community Resilience and Economic Recovery Fund; • Councils are individually responsible for adhering to all NSW and Commonwealth

Government advice, directives and legislation. SA20.51 • We encourage Councils to consider repurposing event programs funding towards other initiatives. A variation in project activity, scope or event date can be arranged by contacting 1300 107 754 or [email protected]. • If a community event will be postponed, this should be until at least September 2020. A variation to the agreed event date can be arranged via the above contact details. We realise the cancellation and postponement of local events is yet another bitter blow for regional NSW on top of drought and bushfires. Tough times; but our equally tough regional communities will undoubtedly adapt, stand up and come through stronger than ever. Further information was provided on Thursday 9 April that indicated, funding for events that occur after February 2021 were unlikely to be accepted in a grant variation. It has been recommended that for any events expected to be re-scheduled beyond that timeframe consideration be given to options to repurpose the funds. Due to the unknown timeframe of the event postponements at this stage, the below allocation of funding allows for flexibility if the events do not go ahead and / or if Regional NSW do not allow for extensions.

Recommended Allocation of Funding Given the strong interest received for the remaining funding, steps have been taken to reduce the total figure being requested to ensure fair and equitable distribution of funds. As well as identifying other sources of funding for events, resulting in the greatest number of events being supported as possible.

Desire to fund as many as possible – proposed methodology It is recommended the following methodology be implemented to ensure the most events possible receive the opportunity for funding. See Attachment 1 for detail of full breakdown per event.

Strategy and Assets Committee – Tuesday 21 April 2020 Page 23

1. Identify key economic driver events that may be eligible for funding through other funding sources to remove and/or reduce the funding requested via this allocation, this includes: a. Large events be removed from this list and be included in Council’s application to Stream 2 of the Regional Tourism Bushfire Recovery Grants a fund currently being administered by Austrade (applications now open) b. Identify events that are eligible and could be successful in securing Destination NSW Regional Event Fund (applications closed Wednesday 25 March 2020). Council’s Event Team has been actively working with eligible applicants. 2. Removal of any events that have been cancelled and deny funding. 3. Removal or any events that have already received, or are eligible receive funding, from Council via the Tourism Event Support Program in 2019-2020 or 2020-2021 financial year and encourage organisers to apply for funding. Noting there is existing operational budget available to provide funding support to these events through this program. 4. Approve 50% of application funding ask for small to medium sized events, including business and community events.

o Some events asked for a large amount of money despite not having many people attend and it is proposed that those seeking more than $15,000, have their request reduced by 50%. 5. All other recommended events to be approved (as recommended), but in order to meet budget allocation, it is proposed that these have their request reduced by 30%. Note: All the requests were rounded to the nearest $100.

SA20.51 Proposed allocation of funds Following the above methodology, this results in 15 events being financially supported and total funds provided equalling $102,200. Listing of recommended events attached. Seven (7) applicants have been previously supported under the Events Support Program and will be encouraged to apply via the program again and 18 events are eligible for funding from the Event Support Program and will be assessed when they confirm the event date in light of the current COVID-19 restrictions. Two (2) events were indicated as being eligible for AUSTRADE funding and have been included in the application to Stream 2 of the Regional Tourism Bushfire Recovery Grants through AUSTRADE.

Changes Due to COVID-19 There have been some events cancelled due to the current restrictions on events due to COVID-19. However, most event organisers have made the decision to postpone events and re-assess dates when more information is available on public gatherings. Council’s Events Team will continue to work with event organisers to plan for future events and have flexible approvals in place to support organisers with advice, information and links to other potential funding sources. The team is also working with several event organisers that are looking at digital options so the event can continue. It is important that funding continues to be allocated (but not distributed) to future events, firstly, to give event organisers some stability to continue to plan for their event for a future time, and secondly, so we can be ready to support these events without a delay in funding allocation when the time is right. Three (3) events previously funded by Council (NoM as detailed above) have been impacted by the current social distancing legalisation. 1. Ulladulla Blessing of the Fleet – postponed until 2021 2. StoryFest - postponed until 2021 3. SeeChange – this is proposed to be a digital event and will continue

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Financial Implications Due to the current environment and event restrictions due to COVID-19, it is recommended that Council allocate the funds to these events, however the dispersal of funds be delayed until final confirmation is received that the events will proceed (including rescheduled date). Budget to cover this event support is available as follows. • $50,000 from the ‘Shoalhaven Resilience and Economic Recovery Fund’. • $50,000 from the Disaster Recovery Funding (total grant of $1.4 million received from the NSW Government for bushfire recovery, as per Disaster Recovery Funding MIN20.191) and • the remainder of recommended requests (total value $2,200) be allocated from Council’s existing Event Support Program. Proposed funding breakdown as follows: Description Funding Source Amount Proposed Requested Allocation

Recommended Events $50k allocation of BCRERF 190,035 102,200 + $50k from bushfire recovery funding. Sub Total 342,035 102,200 Already Supported (via NOM) BCRERF 200,000 Tourism Events 2019/20 Tourism Events Program 25,000 Previously

2019/20 funded SA20.51 Eligible Events 2020/21 Tourism Events Program 230,529 Eligible for 2020/21 other support Eligible to seek Destination Tourism Events Program 152,000 Eligible for NSW funding 2019/20 & 2020/21 other support Large Economic Drivers Austrade 50,000 Eligible for other support Not funded - cancelled n/a 50,000 - Not funded - ineligible n/a 74,000 - TOTAL 771,564 302,200

Grant Variation Implications It is important to note that any changes to event funding linked with grants will require a variation with the funding body, and it has been advised that funding for events that occur after February 2021 are unlikely to be accepted in a grant variation. Whilst changing daily with current social distancing regulations, this will potentially have a significant impact on the funding allocation to the following postponed events; Ulladulla Blessing of the Fleet and StoryFest. In this regard, Council is currently considering opportunities to reallocate the funding proposed for these events into 2021. Whilst the funding body has recommended Council consider re-purposing the funds for events re-scheduled beyond February 2021, it is it is intended that staff make application for variation formally to the funding body regardless, and if not successful, report back to Council should the variation not be successful.

Strategy and Assets Committee – Tuesday 21 April 2020 Page 25

SA20.52 Postponement of 2020 Local Government Elections - Amendment to Meeting Schedule

HPERM Ref: D20/126898

Section: Human Resources, Governance & Risk Approver: Jane Lewis, Acting Director Finance Corporate & Community Services

Reason for Report To provide information to Council relating to the postponement of the 2020 Local Government Elections and provide an alternate meeting schedule for the remainder of 2020 given these changes.

Recommendation (Item to be determined under delegated authority) 1. That the report of the Chief Executive Officer (Finance Corporate and Community Services) regarding the postponement of the 2020 Local Government Elections be received for information. 2. That the Council Meeting Schedule for Ordinary and Core Committees be retained with

amendments to meetings for August and September 2020 as follows: SA20.52 August 2020 Tuesday 4 5pm Development & Environment Committee (unchanged) Tuesday 11 5pm Strategy & Assets Committee (unchanged) Tuesday 25 5pm Ordinary Meeting September 2020 Tuesday 1 5pm Development & Environment Committee Tuesday 8 5pm Strategy & Assets Committee Tuesday 22 5pm Ordinary Meeting (Call Meeting)

Options 1. As recommended

2. Other Implications: Not known

Background Postponement of 12 September 2020 Local Government Elections The Minister for Local Government has announced that the Local Government Elections scheduled for September 2020 have been postponed until September 2021. The postponement of the 2020 Election will not change the schedule of elections post 2021, therefore the Election scheduled for September 2024 will proceed. All Councillors (including the Mayor who was elected by popular election) will continue to hold office until the rescheduled Local Government Elections are held in 2021. The date for the 2021 election has not been specified.

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The Office of Local Government (OLG) has advised that the postponement of elections will have implications for the activities councils may be required to undertake in the current and next integrated planning and reporting (IP&R) cycles. The OLG has advised that it will seek to extend the current IP&R cycle for 12 months, with a next cycle being truncated to 3 years. The Office of Local Government will provide further detailed guidance on this and other changes to statutory timeframes that may become necessary as a result of deferring elections and also arising from the impacts of COVID-19. For further information refer to the OLG website (https://www.olg.nsw.gov.au/) and the recent OLG circular (https://www.olg.nsw.gov.au/wp-content/uploads/2020/03/20-10.pdf). Further information is also contained on the NSW Electoral Commission website (https://www.elections.nsw.gov.au/Bulletins/2020-NSW-LGE-Bulletin-No-2).

Amendment to Meeting Schedule for August and September 2020 In September 2019, Council set its meeting schedule for 2020. The schedule provided sufficient space in August and September 2020 to allow for both the Election Caretaker

Period and the Election. Meetings under that schedule finished on 18 August 2020 and resuming on 6 October 2020. Given the Election is no longer occurring, it is proposed that meetings be scheduled as per the Council’s usual meeting timetable, and that at the Ordinary Meeting proposed for 22 September 2020, the items relating to the ‘Call’ of Committees and other administrative arrangements for the following year be considered.

The recommended changes to the meeting schedule are clarified below: SA20.52 CURRENT MEETING SCHEDULE PROPOSED MEETING SCHEDULE Date Time Meeting Date Time Meeting AUGUST 2020 Tuesday 4 5pm Development & Tuesday 4 5pm Development & Environment Committee Environment Committee 5pm 5pm Strategy & Assets Tuesday 11 Strategy & Assets Tuesday 11 Committee Committee Tuesday 18 5pm Ordinary Meeting Tuesday 25 5pm Ordinary Meeting SEPTEMBER 2020 No scheduled meeting Development & Tuesday 1 5pm Development & Environment Committee Environment Committee No scheduled meeting Strategy & Assets Tuesday 8 5pm Strategy & Assets Committee Committee No scheduled meeting Ordinary Meeting Tuesday 22 5pm Ordinary Meeting (Call Meeting) OCTOBER 2020 Tuesday 6 5pm Development & Tuesday 6 5pm Development & Environment Committee Environment Committee Tuesday 13 5pm Strategy & Assets Tuesday 13 5pm Strategy & Assets Committee Committee Tuesday 27 5pm Ordinary Meeting (Call Tuesday 27 5pm Ordinary Meeting Meeting)

Community Engagement N/A

Financial Implications Adjustments to the 2020/2021 and 2021/2022 budgets will need to be made to reflect the postponement.

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SA20.53 Policy Amendment - Creation of an Asset Protection Zone (APZ) over Council Owned or Managed Land

HPERM Ref: D20/37334

Section: Technical Services Approver: Paul Keech, Director Assets & Works

Attachments: 1. Track Changes - POL19/10 ⇩ 2. 'Clear Skin' - POL20/6 ⇩

Reason for Report This report provides Council with an opportunity to consider amendments made to the existing policy (POL19/10) “Creation of an Asset Protection Zone (APZ) over Council Owned or Managed Land”.

Recommendation That Council adopt the revised Policy - “Creation of an Asset Protection Zone (APZ) over Council owned or Managed Land”, as presented (current reference POL19/10 proposed

reference POL20/6). SA20.53

Options 1. Resolve as recommended Implications: Policy will be updated to be in accordance with the newly legislated NSW Rural Fire Service, Planning for Bush Fire Protection 2019.

2. Not adopt the revised Policy Implications: Council’s policy will not be in accordance with current legislation.

Background This Policy (POL19/10 attachment 1) was first implemented in April 2019 in accordance with MIN19.247 adopted at the Strategy and Assets Committee 30 April 2019. That Council: 1. Resolve to place the draft policy “Creation of an Asset Protection Zone (APZ) over Council Owned or Managed Land” on public exhibition for 28 days and seek submissions; 2. Deem this policy adopted at the conclusion of the submissions period, on the provision no submission(s) or submission(s) that would mean minor alteration to the Policy be received; 3. Receive a further report should submission(s) that are considered to have a significant effect on the policy be received. At the time Council staff were considering a number of development applications seeking APZs over Council owned or managed land, a policy approach helps keep these assessments consistent.

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The amended policy includes changes to reflect the updated version of the NSW Rural Fire Service, Planning for Bush Fire Protection 2019 which was adopted on 1 March 2020. In addition, changes have been made to exclude the Jerberra Estate from the Policy. This is because the Jerberra Estate is covered by an area specific Development Control Plan (DCP) which permits APZs of a larger area to allow for a greater reduction in an applicant’s Bush Fire Attack Level (BAL) rating. Council has acquired a number of properties in lieu of unpaid rates in Jerberra Estate. These properties now have the potential for future development. Strategic Planning & Property staff consider that it would be in Council’s best interest (financially and compliance) to clear its developable land for future disposal. Attachment 2 is the redrafted version of the Proposed Policy, and thus the document being considered.

Community Engagement As the amendments are minor in nature and are to update the policy in accordance with legislative amendments, Strategic Planning & Property staff consider it does not require to be put back on public exhibition.

Policy Implications Failure to update the current policy will result in Council having an obsolete document in

accordance with NSW RFS Planning for Bush Fire Protection 2019. SA20.53 Jerberra should not have been covered by this policy in the first place. It was an oversight. If it is not “excluded” then there would be two contradictory documents covering Jerberra.

Financial Implications There are nil financial implications as a direct result of adopting this amended policy.

Risk Implications This policy was first implemented in April 2019 and due for review in December 2020. The newly legislated Planning for Bush Fire Protection 2019 and concerns which have been identified by Strategic Planning staff from its application in respect to Jerberra Estate have prompted these required amendments.

Strategy and Assets Committee – Tuesday 21 April 2020 Page 29

Attachment 1

- SA20.53

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Attachment 1

- SA20.53

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Attachment 1

- SA20.53

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Attachment 1

- SA20.53

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Attachment 1

- SA20.53

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Attachment 1

- SA20.53

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Attachment 2

- SA20.53

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Attachment 2

- SA20.53

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Attachment 2

- SA20.53

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Attachment 2

- SA20.53

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Attachment 2

- SA20.53

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Attachment 2

- SA20.53

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SA20.54 Land Acquisition and Public Road Dedication for the Purpose of the Far North Collector Road

HPERM Ref: D20/56193

Section: Technical Services Approver: Paul Keech, Director Assets & Works

Attachments: 1. Proposed Acquisition Plan ⇩

Reason for Report To provide the Council with an opportunity to consider the partial acquisition of Council owned land: 1. Lot 1 DP 553658 – 333 Illaroo Road Bangalee; and,

2. Lot 4 DP 856665 - West Cambewarra Road North Nowra for the purpose of Public Road, being the Far North Collector Road.

Recommendation That Council:

1. Acquire part of the following parcels of land (to allow for the construction of the Far North SA20.54 Collector Road (Illaroo Road to Moss Vale Road): a. Part of Lot 1 DP 553658 - 333 Illaroo Road Bangalee, identified as Lot 11 in the Proposed Acquisition Plan, being 1,465m2; b. Part of Lot 4 DP 856665 – West Cambewarra Road North Nowra known as Bernie Regan Sporting Complex, identified as Lot 10 in Proposed Acquisition Plan, being 593.7m2; 2. Fund all costs associated with acquisition from Job Number 85979, Land Acquisition – Far North Collector Road; 3. Authorise the Chief Executive Officer to execute all documents necessary to give effect to this resolution and affix the Seal of the Council of the City of Shoalhaven to any documents required to be sealed; 4. Upon registration of the Plan of Acquisition, authorise by notice in the Government Gazette, the dedication Lot 10 and Lot 11 in the Proposed Acquisition Plan as Public Road in accordance with Section 10 of the Roads Act 1993.

Options 1. Adopt as recommended Implications: Council is able to create separate title for the acquired land to enable road dedication for the purpose of the Far North Collector Road southern intersection.

2. Not adopt as recommended Implications: Council will cease survey work until further direction is provided for the location of the Far North Collector Road southern intersection.

Strategy and Assets Committee – Tuesday 21 April 2020 Page 42

Background The Far North Collector Road (FNCR) was identified in the Nowra Bomaderry Structure Plan (NBSP) adopted by the Council in 2007. The FNCR will provide transport connection from Illaroo Rd West Cambewarra to Moss Vale Road Cambewarra at the Bells Lane intersection, as well as provide relief routes required for both North & South Moss Vale Road Urban Release Area’s. The southern Urban Release Area is an imminent urban development with current subdivision applications under assessment. Following notification of the Federal Government’s $13.8M grant funding under the Australian Government Infrastructure Investment Program, Council at its Ordinary Meeting dated 28 June 2018 resolved to commence design and construction and land acquisitions (MIN18.486). It is proposed that stage one of the FNCR will be the construction of a round-a-bout at the intersection of Illaroo Road Bangalee and West Cambewarra Road North Nowra. The design of the intersection will affect two adjoining parcels of land identified as 333 Illaroo Road Bangalee and Bernie Regan Sporting Complex – West Cambewarra Road North Nowra.

Both parcels of land are Council owned.

Council acquired 333 Illaroo Road Bangalee in 2018 as Operational land for the purpose of the FNCR (MIN17.1078C). It is proposed to excise an area of 1,465m2via a plan of acquisition for the construction of the FNCR southern intersection and northern approach (refer to attachment 1). The land known as Bernie Regan Sporting Complex was acquired by Council via subdivision

and land swap agreements and is also classified as Operational land. It is proposed to SA20.54 excise an area of 593.7m2 via a plan of Acquisition, from the south west corner of the Sporting Complex for construction of road and utility infrastructure relocation such as electricity cables and telecommunication pits. The access to the Sporting Complex will remain as is, and not be affected by the acquisition. In accordance with the Roads Act 1993 Council may acquire land that forms part of, or adjoins or lies in the vicinity of, other land proposed to be acquired for the purpose of opening, widening or constructing a road or road work. Council as the Road Authority must lodge a deposited plan with Land Registry Services titled “Plan of Land to be Acquired for the purposes of the Roads Act 1993”. Following registration of the plan at Land Registry Services a notification will be published in the Government Gazette to dedicate the land a public road. Currently Bernie Regan Sporting Complex and 333 Illaroo Road Bangalee is Council owned land. Only part of each property is required for the FNCR and as such a subdivision needs to occur to excise that land needed for the road so that same can be dedicated as a public road under the Roads Act. The residual land remains Council operational land and continues to be used for its current use. The most efficient way to undertake the subdivision is for Council through a plan of acquisition for road purposes to acquire the land needed from itself. This will create separate titles and allow for the dedication of the road corridor without impacting the residual land. In the case of 333 Illaroo Road, the residual land will become surplus to Council needs and available for disposal, this will be considered in a future report to Council.

Community Engagement Not required for operational purposes such as land acquisition and road dedication.

Policy Implications Nil

Strategy and Assets Committee – Tuesday 21 April 2020 Page 43

Financial Implications There are no purchase costs for the land acquisition as the land is currently in the ownership of Shoalhaven City Council. The Far North Collector Road project is funded by the Federal Government’s Australian Government Infrastructure Investment Program.

Risk Implications Both 333 Illaroo Road Bangalee and Bernie Regan Sporting Complex are Council owned properties and this process will formalise the future proposed use of the land.

SA20.54

Strategy and Assets Committee – Tuesday 21 April 2020 Page 44

Attachment 1

- SA20.54

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Attachment 1

- SA20.54

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SA20.55 Bushwalks - Asset Management Plan

HPERM Ref: D19/6430

Group: Planning Environment & Development Group Section: Environmental Services

Attachments: 1. Asset Management Plan - Bushwalks (under separate cover)

Purpose / Summary To allow Council to consider the reviewed and updated Bushwalks Asset Management Plan (AMP) for use in strategic and financial planning. (see attachment 1)

Recommendation (Item to be determined under delegated authority)

That Council

1. Adopt the Bushwalks Asset Management Plan noting that the plan is at the ‘BASIC – CORE’ level of asset management planning. 2. Through the budget process, Council consider an increase to the bushwalk operational funding by $23,500 per annum to fund the estimated shortfall between the annual cost of inspections and maintenance, $77,000 and current budget of $53,500 per annum.

3. Notes the plan will be further developed and refined (in the context of other Council SA20.55 Assets) in future reviews of Council’s Long-term Financial Plan.

Options 1. As recommended. Implications: Councillors and management are equipped with information to allow them to make informed decisions when considering planning for bushwalk services in the short, medium and long term. The managers of bushwalks are provided with adequate funding and resources to effectively manage risk and customer satisfaction while continuing the development of the Asset Management Plan. 2. Council could request further information. Implications: Additional reports to be prepared. 3. Reject revised Bushwalks Asset Management Plan and the request for additional operational funding. Implications: Not meeting industry ‘Best Practice Standards’ for Strategic Asset Management Planning, and inaccurately recording and reporting of bushwalking asset values in Council’s Long-Term Financial Plan and associated Strategies. Insufficient funding to maintain bushwalking assets at the desired standard, potentially exposing Council to increased public liability risks, lower standard of visitor experience and decreased reputation.

Background Council has adopted 36 Asset Management Plans at varying maturity levels (refer below), and there are more being developed. The previous AMP for Walking Tracks was at the AWARE level. The AMP which is the subject of this report is at the ‘BASIC – CORE’ level, while the next iteration aims to be at the ‘INTERMEDIATE’ level.

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The intention is for Council to further develop each AMP over time through the addition of further (and more reliable/accurate) information.

Levels of Asset Management Plans

Level of this AMP

Future Level of AMP

Current level of AMP

© Copyright 2017 – All rights reserved. The Institute of Public Works Engineering Australasia. www.ipwea.org/namsplus

SA20.55

Basic: AMPs contain basic information of assets, service levels, planned works and financial forecasts, (5-10 years) and future improvements. Asset Management objectives are defined with consideration of strategic context.

Core: Approach to risk and critical assets described, top-down condition and performance assessment, future demand forecasts, description of supporting AM processes, 10-year financial forecasts, three (3) year Asset Management improvement plan.

Intermediate: Analysis of asset condition and performance trends (past/future)), customer engagement in setting Levels of Service, Optimised Decision Making/risk techniques applied to major programmes. Strategic context analysed with risks, issues and responses described. Evidence of programs driven by comprehensive Optimised Decision-Making techniques, risk management programmes and level of service/cost trade-offs analysis.

Advanced: Improvement programmes largely complete with focus on ongoing maintenance of current practice. This AMP contains core information of the bushwalks and service levels currently applied to them. The process of developing this Plan has highlighted the gaps in knowledge of this asset group, which will be used to set the required data gathering and planning required for the next iteration of the AMP in the future.

To move this Plan to the next level (INTERMEDIATE - ADVANCED), the following would be required: • A complete audit of the bushwalks, inclusive of whole of life condition assessments and valuation (including future infrastructure replacement value) • Production of a renewal/replacement plan • Production of an Asset Improvement Plan and a Creation/Acquisition Plan • Longer term Financial Forecasting to 10 year +

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These tasks are provided within the Plan at section 8.3 (Improvement Plan page 34 in attachment 1). There are currently 32 bushwalks managed by Council that have a total length of 44 kilometres. Bushwalk assets include: • Constructed/formed paths • Boardwalks • Bridges • Viewing platforms and viewing areas • Signage – regulatory, directional, track head, interpretive • Stairs, steps • Gates • Fences • Bollards • Seating

Community Engagement Beaches, bushland and tracks, trails and boardwalks are consistently rated as the three most popular recreation facilities among survey respondents out of a list of 18 different recreation types (Community Infrastructure Strategic Plan 2016).

SA20.55 Risk Implications The condition of the bushwalk assets is declining due to age, use and the fact that most of the walks are in areas that are subjected to natural processes such as bushfire, inundation and erosion. The number of requests asking for improvements and increase levels of maintenance is consistent. An overall strategic approach is needed so that future bushwalk services meet community needs and expectations and capture opportunities as they arise.

Financial Implications The asset management process considers the whole of life costing of infrastructure assets including asset purchase, maintenance, operation, refurbishment, replacement, and demolition costs. Bushwalk assets, as defined above, are valued at approximately $7.38M. This value is inclusive of the physical bush walk track and associated constructed elements such as signage and handrails. This data was obtained from Council’s Asset Register and recent review by one of Council’s natural area maintenance/renewal contractors. Current depreciation is estimated at $269,000 per annum. Depreciation is an indicator of funding required to renew assets if current service levels are maintained and the overall standard of the assets is not increased over time. The improvement plan includes confirming the current values and expiry dates of the bushwalk assets to ascertain the annual replacement costs and to link into the long-term Financial Plan for the next AMP review in 2023. The current budget for bushwalks includes an annual capital budget of $38,500 and Operational budget of $15,000. Maintenance of the Garrad Reserve Bushwalk and associated assets are funded externally through Council’s agreement with the Biodiversity Conservation Trust.

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The budget allocations are set out in Table 1 (below). It is estimated that approximately $77,000 is needed to meet current service levels, adequately cover risk and maintain infrastructure more efficiently.

Estimated Required Estimated Shortfall Activity Actual $ Funds ($) ($)

Audit & Inspections - OpEx 10,000 10,000 0

Reactive Maintenance - OpEx 5,000 10,000 5,000

Programmed Maintenance - CapEx 13,500 15,000 1,500

Signage* – CapEx 5,000 12,000 7,000

Upgrades/Renewals - CapEx 20,000 30,000 10,000

Totals 53,500 77,000 23,500

*Recommended improvements include installation of more ‘way-finding’ signs and interpretive/educational signs

Table 1: Cost analysis of actual funds vs forecast required funds for management of current Bushwalk Assets. This highlights an estimated $23,500 funding gap across both the operational and capital budget, where additional expenditure should be directed to enhance the bushwalkers’

experience (i.e. wayfinding and interpretive signage, bench seats, handrails, etc). SA20.55 The current level of capital funding does not consider future demand, opportunities for continuous improvement or replacement of the assets due to ‘wear and tear’ (end of life).

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SA20.56 Connection of 1282 Bolong Rd Coolangatta to the St Andrews Way and Berrys Bay Sewer Scheme

HPERM Ref: D20/107866

Section: Water Asset Planning & Development Approver: Robert Horner, Acting Director Shoalhaven Water

Reason for Report Council has received representations from the owner of Lot 1 DP 517528 - 1282 Bolong Rd, Coolangatta to connect to the St Andrews Way & Berrys Bay Pressure Sewer Scheme. The existing on-site system experienced some problems during the recent rain event which has

prompted a review of the scheme boundary.

Recommendation (Item to be determined under delegated authority) That Council extend the boundary of the St Andrews Way & Berrys Bay Pressure Sewer Scheme to include Lot 1 DP 517528 - 1282 Bolong Rd, Coolangatta. The connection of the property is subject to the same conditions as all other properties within the scheme.

SA20.56 Options 1. Approve the connection as recommended. Implications: Council will fund the connection to the system including the boundary kit, pressure sewer unit and associated pipe work from Council’s Sewer Fund, as per other properties in the scheme. Rectification of existing internal plumbing (if required) will be at the applicant’s expense. Costs associated with the decommissioning of the existing on- site system and Section 68 approval will be the responsibility of the applicant, as per all other properties in the scheme.

2. Rejection of the application. Implications: Potential risk to the environment and public health should the existing system overflow, e.g. during a flood event.

3. Council could require the property owner to make application to connect to the scheme under Council’s Rural Wastewater Connection Policy. Implications: This would impose significant cost on the property owner as they would be required to fund the total cost for the design and construction of the infrastructure as well as pay the Separate System Connection fee. This property is deemed to have similar risk to the environment and public health as other properties in the scheme and the property is in close proximity to the existing infrastructure recently installed under the contract.

Background Council had previously recognised issues with the operation of on-site sewage management systems in St Andrews Way, Coolangatta and resolved to connect these properties to Council’s sewerage system.

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Council then resolved on 26 June 2018 to include properties in Berrys Bay (1260 to 1280 Bolong Rd) in the scheme. The total scheme would be funded by Council’s sewer fund (other than charges outlined to be the owner’s responsibility). The construction of this scheme is well advanced and expected to be completed by the end of June 2020. Lot 1 DP 517528 – 1282 Bolong Rd, Coolangatta, (the subject property) is also located at Berrys Bay (see Figure 1) and does share some of the risk factors as those properties already included in the scheme. The subject property is large (approximately 91,000 sq.m) and was considered to have sufficient suitable land available for on-site sewage management and was therefore not included in the original scheme proposal.

SA20.56

Figure 1 – Location of the subject property - 1282 Bolong Rd, Coolangatta

Assessment of Request to Connect to Sewer Shoalhaven Water has sought advice from Council’s Environmental Services Section on the operation of the existing on-site sewage management system at 1282 Bolong Road. The advice sought follows representations from the property owner that the property should be included in the scheme for the following reasons: • The pressure sewer main crosses the front gate of 1282 Bolong Rd, Coolangatta (it is noted that this is approximately 90 m from the dwelling) • The current on-site system is well maintained, but ultimately sewage does seep underground to the Shoalhaven River at the flood control gate

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• The flood canal has been subject to an intensive and expensive exercise by Council, in conjunction with the University of NSW, to clean it up, eliminating contamination and controlling acid sulphate soils • With the recent flood, the septic system overflowed into the river contaminating the oyster farmers leases, and • Not connecting to sewer endangers the Shoalhaven River ecology and the River and its environment.

The Environmental Services Section have confirmed that the subject property does have some constraints for on-site sewage management, including: • close proximity to the Shoalhaven River and flood mitigation channels • close proximity to Berry’s Bay Oyster leases • relatively low elevation, and subject to flooding • future possible on-site sewage management requirement to under-bore a flood mitigation channel; and • presence of Acid Sulphate Soils.

Whilst it has not been absolutely demonstrated that wastewater cannot be appropriately managed on-site, there are identified potential risks associated with managing wastewater by on-site means at the subject property. Given the opportunity for connection, with the current construction of the St Andrews Way & Berrys Bay Pressure Sewer Scheme, it is considered appropriate to take that opportunity and connect the subject property to the scheme.

Community Engagement SA20.56 Construction of the scheme is nearing completion and consultation with property owners has been ongoing during the planning, design and construction phases. Pressure sewer schemes require extensive consultation with property owners due to infrastructure being constructed on their properties. This will continue with the owner of 1282 Bolong Road, should Council approve the connection to Council’s sewerage scheme.

Policy Implications The recommendation is considered consistent with the reasoning behind Council’s resolution to connect properties in Berry’s Bay to Council’s sewerage scheme.

Financial Implications Connection of 1282 Bolong Road will require a Variation to the current contract Council has with Ledonne Constructions and is estimated to add approximately $24,000 to the contract. Sufficient funds are available in the project fund to cover the cost of the additional connection.

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SA20.57 Acquisition of Land and Easement - Captain Street Vincentia

HPERM Ref: D20/114712

Section: Water Asset Planning & Development Approver: Robert Horner, Acting Director Shoalhaven Water

Attachments: 1. DP 1236981 Showing Land to be acquired Vincentia ⇩

Reason for Report To seek Council approval to vary MIN17.828 and now acquire proposed Lot 1 DP1236981 and an Easement for Right of Access 4.555 wide & variable width over proposed Lot 2 DP1236981 at Captain Street, Vincentia for sewerage purposes. The land and easement

form part of existing Lot 1 DP608937 held in the title of NSW Planning & Environment

Commission (Department of Planning, Industry & Environment). The land to be acquired is shown is edged red on DP 1236981 and the proposed easement is highlighted yellow on DP 1236981 in Attachment 1.

Recommendation

That SA20.57 1. Council resolve to compulsorily acquire from NSW Planning & Environment Commission: a. Proposed Lot 1 DP1236981 at Captain Street Vincentia, shown on attached copy of that deposited plan. b. An Easement for Right of Access 4.555 wide & variable width over proposed Lot 2 DP1236981 marked (E) on the attached copy of that deposited plan. 2. Council pay compensation and costs associated with the acquisition, in accordance with the provisions of the Land Acquisition (Just Terms Compensation) Act 1991, from Council’s Sewer Fund. 3. The necessary application be made to the Minister for Local Government and the Governor. The acquisition is to be carried out under the Local Government Act 1993 and in accordance with the Native Title Act. 4. The land to be acquired be classified as Operational land in accordance with Section 31(2) of the Local Government Act 1993 5. The Common Seal of the Council of the City of Shoalhaven be affixed to any documents required to be sealed.

Options 1. Resolve as recommended. The acquisition is required to formalise an existing sewer pump station, pipeline and access. 2. Not resolve as recommended and provide further directions to staff.

Background MIN17.828 adopted 26 September 2017 gave approval for the acquisition of the land and easement from the Crown for an existing Shoalhaven Water sewer pump station and access road on Lot 1 DP608937.

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This report is to seek the following variations to that Resolution:

Ownership Lot 1 DP608937 is shown on Council records as Crown land subject to a Crown Reservation with a notification on title to be dealt with as Crown land. Based on initial advice from the Crown Lands Office and Department of Planning, Industry & Environment (‘Planning’), consent to the acquisition was requested and granted by the Crown Lands Acquisition Unit. Subsequent advice from a separate division of Crown Lands was that, whilst the land is subject to a Crown Reservation, ownership remains with Planning. This has been confirmed by independent legal advice obtained by Council and Planning. That Department has provided formal consent to the compulsory acquisition of the land and easement. Council’s legal advice also confirmed that the Crown Reservation will be extinguished over the acquired land (Lot 1 in DP1236981) upon publication of the Acquisition Notice in the Government Gazette. The Reservation will not be extinguished over the easement area as that acquisition is for an interest only in land, not for the title to the land.

Land Description In MIN17.828 the land and easement were described as shown on a draft survey plan. That plan has now been registered as DP1236981 and the land to be acquired is shown as Lot 1 and the easement is shown over the remainder, being Lot 2. The dimensions and areas of the land and easement remain the same.

The property is subject to a Native Title Claim by the South Coast People. A notice advising SA20.57 of the acquisition has been issued to NTS Corp (acting on behalf of the claimants) and a Proposed Acquisition Notice (PAN) is to be issued to the claimants in accordance with the provisions of the Native Title Act. As mentioned in the previous Council report, various Aboriginal Land Claims were lodged over the land by NSW ALC on behalf of Jerrinja LALC. Jerrinja LALC and NSW ALC both gave approval to the part withdrawal of the Land Claim for the pump station site and to acquisition of the easement for access. The Registrar of the Aboriginal Land Rights Act has advised that the Claims had been partially withdrawn to exclude the land to be acquired.

Financial Implications The compensation and reasonable costs associated with the acquisition are to be funded from Council’s Sewer Fund. The compensation is to be determined by the Valuer General.

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Attachment 1

- SA20.57

Strategy and Assets Committee – Tuesday 21 April 2020 Page 56

LOCAL GOVERNMENT AMENDMENT (GOVERNANCE & PLANNING) ACT 2016

Chapter 3, Section 8A Guiding principles for councils (1) Exercise of functions generally The following general principles apply to the exercise of functions by councils: (a) Councils should provide strong and effective representation, leadership, planning and decision-making. (b) Councils should carry out functions in a way that provides the best possible value for residents and ratepayers. (c) Councils should plan strategically, using the integrated planning and reporting framework, for the provision of effective and efficient services and regulation to meet the diverse needs of the local community. (d) Councils should apply the integrated planning and reporting framework in carrying out their functions so as to achieve desired outcomes and continuous improvements. (e) Councils should work co-operatively with other councils and the State government to achieve desired outcomes for the local community. (f) Councils should manage lands and other assets so that current and future local community needs can be met in an affordable way. (g) Councils should work with others to secure appropriate services for local community needs. (h) Councils should act fairly, ethically and without bias in the interests of the local community. (i) Councils should be responsible employers and provide a consultative and supportive working environment for staff. (2) Decision-making The following principles apply to decision-making by councils (subject to any other applicable law): (a) Councils should recognise diverse local community needs and interests. (b) Councils should consider social justice principles. (c) Councils should consider the long term and cumulative effects of actions on future generations. (d) Councils should consider the principles of ecologically sustainable development. (e) Council decision-making should be transparent and decision-makers are to be accountable for decisions and omissions. (3) Community participation Councils should actively engage with their local communities, through the use of the integrated planning and reporting framework and other measures.

Chapter 3, Section 8B Principles of sound financial management The following principles of sound financial management apply to councils: (a) Council spending should be responsible and sustainable, aligning general revenue and expenses. (b) Councils should invest in responsible and sustainable infrastructure for the benefit of the local community. (c) Councils should have effective financial and asset management, including sound policies and processes for the following: (i) performance management and reporting, (ii) asset maintenance and enhancement, (iii) funding decisions, (iv) risk management practices. (d) Councils should have regard to achieving intergenerational equity, including ensuring the following: (i) policy decisions are made after considering their financial effects on future generations, (ii) the current generation funds the cost of its services

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Chapter 3, 8C Integrated planning and reporting principles that apply to councils The following principles for strategic planning apply to the development of the integrated planning and reporting framework by councils: (a) Councils should identify and prioritise key local community needs and aspirations and consider regional priorities. (b) Councils should identify strategic goals to meet those needs and aspirations. (c) Councils should develop activities, and prioritise actions, to work towards the strategic goals. (d) Councils should ensure that the strategic goals and activities to work towards them may be achieved within council resources. (e) Councils should regularly review and evaluate progress towards achieving strategic goals. (f) Councils should maintain an integrated approach to planning, delivering, monitoring and reporting on strategic goals. (g) Councils should collaborate with others to maximise achievement of strategic goals. (h) Councils should manage risks to the local community or area or to the council effectively and proactively. (i) Councils should make appropriate evidence-based adaptations to meet changing needs and circumstances.